The point of this legal argument is to show intent, an important modifier in all aspects of a case. Its not the TOTAL defense, merely one aspect of it. Its just a piece of the puzzle in painting a picture of the exact nature of the crime.
Punitive damages are still supposed to be relative to the crime. The law in this case was designed to kill pirate corporations, not to be used against individuals engaging in very light infringement. The law is out of scale with the reality of what is occurring and the 'damage' that is being done. 1
An unjust law is a crime unto itself. There is no doubt that the DMCA is an unjust law. The complete ban on breaking encryption is just plain wrong and is a product of lawmakers not understanding technology.
I would be very hard pressed to name even one media corporation who has not attempted to re-write law in its own favor.
Re:why a $130 250gb HDD why M$ lock out 3rd party
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Review: Halo: Reach
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I would like to add 'a glorified matchmaking service for games THAT THEY DONT EVEN HOST. I would be FAR more willing ot pony up the money for Live is MS was actually doing something other then connecting clients and passing off the bandwidth to one of them.
IF your machine doesnt have PS2 compatibility already, no amount of software is going to bring it back. PS2 emulation on PS3 has ALWAYS depended on at least part of the PS2 hardware being physically present.
I think the over riding sentiment we are trying to send to the CE manufacturers is this: "3D is cool when used well, but its not something we are going to pay a premium for just to get the equipment into our house. If you make the technology cheap and ubiquitous we would love to see some really well made content and would be willing to pay a premium for it. Until that time STFU and stop trying to sell the equipment at a premium. Early adopters will not be subsidizing this particular venture.
This argument would never stand up in a modern court room. Cars have patented proprietary engine modules etc. The car manufacturer in no way can stop me from operating my vehicle in any way I choose. Could you imagine the public outcry if a car manufacturer started saying that in order to use their proprietary engine code you cannot operate the car commercially? It makes no sense at all and would be struck down imho.
And MPEG-LA would lose in court. You cannot enforce a license like that. Its like Ford saying i cant use my vehicle for commercial purposes or I would have to pay Ford special commercial use tax.
You have no idea what is involved in a civil engineering project such as this. Sure any technically minded jackass can slap together technology, but we hire engineers for a reason. Engineers think of all the things that the normal person wouldnt and plan for it. It takes planning and effort to design a system such as this if you want it to work long term and be a proper civil project. You have no idea the costs of hardened, field tested equipment that would be needed to do this.Yes, you could make a system that could to the job but for how long? How much is maintenance? will there be interference issues, will your design stand up to multiple climates, varying temperatures, dirty power etc. Western civil design is the way it is for real PRACTICAL reasons, not because we love waste.
I think you underestimate the importance of Palm and WebOS. There is NOTHING behind the curve about WebOS's functionally. Its a joy to use compared to iOS.
That trend is slowly going away. Almost any laptop built in the last 5 years has a good 10 year life span of near complete usefulness. Hell, i occasionally bust out my Dell Latitude 300 MHZ with XP and it surfs the web just fine. Im typing this on a Dell D610 while alt-tabbed out of WoW and it was built in 2005.
He bought a product knowing full well that it wasnt supported on his OS and somehow thats Apple's fault? I really like the idea of Linux and its great for experimental stuff, servers and basic computing. But any time you try to interact with commercial software/hardware you are going to run into this issue, period. Linux will never be commercially viable in this age of locking up content and then reselling it. Now im no fan of Itunes or its overbearing nature, but I wouldn't bitch about it not working on something that is quite clearly not supported. Linux is not, nor will it ever be fully compatible with most commercial software due to its open nature.
First of all monopolies are NOT illegal, abusing one is. Secondly, Apple holds absolutely NO monopolies in any sector of business, at all. I think you really need to go and read about what a monopoly really is, in the CONTEXT of the law.
XM and Sirius merged because they couldn't stay viable any other way. It was either let them merge or watch them both slowly die. That was a big part of the SEC scrutiny and ultimately why it was allowed.
It becomes society right when a manufacturer controls so much of a market that it impossible to have competitors play on level playing field. IN recent history there have been very few real abusive monopolies. ATT and Microsoft come to mind and thats about it.
Your ending statement describes basically a patent. Either you have it or you dont.
The whole issue in this particular case is that you have several companies that are supposed to compete with each other to create a robust marketplace that are illegally conspiring to form an abusive monopoly. When they act as one, they are no longer competitors, but illegal colluders.
Sorry to burst your bubble, but that '86 Cutlass would crush like one of your PBR cans against almost any modern car. Hell, a Smart car driver will be far more likely to walk away then you would be in a crash with one. All that steel is a very false sense of security, especially in a GM model made in the 80's.
Freedom of speech also means that you are to respect your fellow man's views, regardless of how unpopular they are, for it may be your views next that become sanctioned. Freedom of speech is far more than Government vs us. IT is a principal that every man's voice deserves a chance to be heard.
I miss 3DFX. Definitely my life's second technology love crush, after I got over Sony. My first video card setup was a trident and 2 Voodoo IIs in TRUE SLI.
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The point of this legal argument is to show intent, an important modifier in all aspects of a case. Its not the TOTAL defense, merely one aspect of it. Its just a piece of the puzzle in painting a picture of the exact nature of the crime.
Punitive damages are still supposed to be relative to the crime. The law in this case was designed to kill pirate corporations, not to be used against individuals engaging in very light infringement. The law is out of scale with the reality of what is occurring and the 'damage' that is being done. 1
An unjust law is a crime unto itself. There is no doubt that the DMCA is an unjust law. The complete ban on breaking encryption is just plain wrong and is a product of lawmakers not understanding technology.
I would be very hard pressed to name even one media corporation who has not attempted to re-write law in its own favor.
I would like to add 'a glorified matchmaking service for games THAT THEY DONT EVEN HOST. I would be FAR more willing ot pony up the money for Live is MS was actually doing something other then connecting clients and passing off the bandwidth to one of them.
IF your machine doesnt have PS2 compatibility already, no amount of software is going to bring it back. PS2 emulation on PS3 has ALWAYS depended on at least part of the PS2 hardware being physically present.
Saw a video of a palm pre hacking the PS3 yesterday.
I think the over riding sentiment we are trying to send to the CE manufacturers is this: "3D is cool when used well, but its not something we are going to pay a premium for just to get the equipment into our house. If you make the technology cheap and ubiquitous we would love to see some really well made content and would be willing to pay a premium for it. Until that time STFU and stop trying to sell the equipment at a premium. Early adopters will not be subsidizing this particular venture.
You CAN store disc games on any external drive on the 360 now. I have done it with red dead redemption. Just sayin.
This argument would never stand up in a modern court room. Cars have patented proprietary engine modules etc. The car manufacturer in no way can stop me from operating my vehicle in any way I choose. Could you imagine the public outcry if a car manufacturer started saying that in order to use their proprietary engine code you cannot operate the car commercially? It makes no sense at all and would be struck down imho.
The IT boys at NASA would like to have a word with you.......
Privacy concerns? Im sorry but if you are part of the operating crew of a modern airliner, the only privacy you should expect is in the bathroom.
And MPEG-LA would lose in court. You cannot enforce a license like that. Its like Ford saying i cant use my vehicle for commercial purposes or I would have to pay Ford special commercial use tax.
More then once i have been accused of making that word up in conversation.
You have no idea what is involved in a civil engineering project such as this. Sure any technically minded jackass can slap together technology, but we hire engineers for a reason. Engineers think of all the things that the normal person wouldnt and plan for it. It takes planning and effort to design a system such as this if you want it to work long term and be a proper civil project. You have no idea the costs of hardened, field tested equipment that would be needed to do this.Yes, you could make a system that could to the job but for how long? How much is maintenance? will there be interference issues, will your design stand up to multiple climates, varying temperatures, dirty power etc. Western civil design is the way it is for real PRACTICAL reasons, not because we love waste.
I think you underestimate the importance of Palm and WebOS. There is NOTHING behind the curve about WebOS's functionally. Its a joy to use compared to iOS.
That trend is slowly going away. Almost any laptop built in the last 5 years has a good 10 year life span of near complete usefulness. Hell, i occasionally bust out my Dell Latitude 300 MHZ with XP and it surfs the web just fine. Im typing this on a Dell D610 while alt-tabbed out of WoW and it was built in 2005.
He bought a product knowing full well that it wasnt supported on his OS and somehow thats Apple's fault? I really like the idea of Linux and its great for experimental stuff, servers and basic computing. But any time you try to interact with commercial software/hardware you are going to run into this issue, period. Linux will never be commercially viable in this age of locking up content and then reselling it. Now im no fan of Itunes or its overbearing nature, but I wouldn't bitch about it not working on something that is quite clearly not supported. Linux is not, nor will it ever be fully compatible with most commercial software due to its open nature.
First of all monopolies are NOT illegal, abusing one is. Secondly, Apple holds absolutely NO monopolies in any sector of business, at all. I think you really need to go and read about what a monopoly really is, in the CONTEXT of the law. XM and Sirius merged because they couldn't stay viable any other way. It was either let them merge or watch them both slowly die. That was a big part of the SEC scrutiny and ultimately why it was allowed. It becomes society right when a manufacturer controls so much of a market that it impossible to have competitors play on level playing field. IN recent history there have been very few real abusive monopolies. ATT and Microsoft come to mind and thats about it. Your ending statement describes basically a patent. Either you have it or you dont. The whole issue in this particular case is that you have several companies that are supposed to compete with each other to create a robust marketplace that are illegally conspiring to form an abusive monopoly. When they act as one, they are no longer competitors, but illegal colluders.
Sorry to burst your bubble, but that '86 Cutlass would crush like one of your PBR cans against almost any modern car. Hell, a Smart car driver will be far more likely to walk away then you would be in a crash with one. All that steel is a very false sense of security, especially in a GM model made in the 80's.
Ripping CD to file is still a PHYSICAL process. That physical process can produce errors.
Freedom of speech also means that you are to respect your fellow man's views, regardless of how unpopular they are, for it may be your views next that become sanctioned. Freedom of speech is far more than Government vs us. IT is a principal that every man's voice deserves a chance to be heard.
I translated your post to "Battle on, Heroes"
I miss 3DFX. Definitely my life's second technology love crush, after I got over Sony. My first video card setup was a trident and 2 Voodoo IIs in TRUE SLI.
You are right to a point. Every Valve game from here on out will be most likely made available for mac on day one.